Medical professionals subtly readying immigrant parents for a grim possibility: abandoning their children
In the United States, one in five children are part of mixed-status families, a reality that has become increasingly concerning due to the threat of family separation, particularly for undocumented parents. This issue has serious implications for the mental and physical health of children, as seen in the case of Briana, a 32-year-old undocumented immigrant from Nashville.
Briana's husband was taken away by Immigration and Customs Enforcement (ICE) during a raid, leaving her alone with her US-born baby boy. The fear of being detained herself and leaving her child alone has cast a shadow over Briana's life.
To address this issue, undocumented parents in the U.S. can pursue legal guardianship options to ensure their children will be cared for in the event of detention or deportation. Guardianship can be established by petitioning a court to appoint a responsible adult as the child's guardian, even if that adult or the parent is undocumented.
Who can be a guardian? Almost any competent adult, including family members, friends, or even unrelated individuals, may petition to become a guardian if they pass background checks and demonstrate the ability to care for the child. Legal residency is often required but not always citizenship; some states may consider undocumented residents as potential guardians.
The court process involves the interested guardian filing a petition in the county where the child lives, undergoing background checks, attending hearings, and if approved, receiving a court order granting legal guardianship.
For children with complex medical needs, losing a parent who manages appointments, insurance, and medications can disrupt treatment and trigger lasting harm. Daniel, a 58-year-old undocumented hotel worker, started experiencing anxiety and needed medication due to ICE raids in Nashville. His life before the raids was steady, but after the first arrests, even grocery shopping became something only his children would do.
In California, legislation like the "Family Preparedness Plan Act" is being considered to allow short-term guardianship arrangements where immigrant parents can designate temporary caregivers while preserving parental rights during long-term separation caused by immigration enforcement. However, such legislation remains controversial and is subject to political debate.
Pediatricians are playing a crucial role in helping families navigate this complex issue. They connect families with legal aid nonprofits and explain options like caregiver affidavits and power of attorney. These conversations often begin when a parent's anxiety surfaces during a routine screening.
Briana named an undocumented friend as guardian out of desperation, but she is now alone with no income, no transportation, and no family nearby. She has made an appointment with a local nonprofit to help with guardianship paperwork.
Doctors in Fernández's network wrote letters documenting the medical harm separation could cause, but haven't seen evidence they work nor received responses. Despite this, pediatricians urge parents to make arrangements before an emergency.
In Nashville, the fear that rippled through immigrant neighborhoods after the raids had noticeable impacts on healthcare attendance. At Siloam Health, where Daniel is a patient, cancellations surged to 40% - mostly from patients afraid to drive to the clinic. At Powell's clinic, appointment attendance dropped by half during the surge in raids.
In conclusion, the primary legal mechanism available to undocumented parents to safeguard their children's care is formal court-appointed guardianship. Parents should ideally act proactively by consulting an attorney to file guardianship petitions and prepare care plans to ensure children's stability if detention or deportation occurs.
Footnotes:
[1] Immigrant Legal Resource Center, "Guardianship for Immigrant Children," 2021.
[2] California Senate Bill 1045, 2021-2022 Regular Session.
[3] U.S. Citizenship and Immigration Services, "Adoption Provisions," 2021.
[4] National Immigration Law Center, "Family Preparedness Plan: A Guide for Immigrant Families," 2018.
- The mental and physical health of children in mixed-status families can be significantly affected by the threat of family separation, as seen in the case of Briana, an undocumented immigrant in Nashville, whose husband was taken away by Immigration and Customs Enforcement (ICE).
- To ensure their children's care in the event of detention or deportation, undocumented parents can pursue legal guardianship options in the United States, which may involve petitioning a court to appoint a competent adult (such as a family member, friend, or unrelated individual) as the child's guardian, even if the adult or the parent is undocumented.
- Some contemporary legislation, like California's "Family Preparedness Plan Act," is designed to allow short-term guardianship arrangements, enabling immigrant parents to designate temporary caregivers while preserving their parental rights during long-term separations caused by immigration enforcement.
- Pediatricians play a crucial role in helping families navigate the complex issues surrounding family separation, connecting families with legal aid nonprofits and explaining options like caregiver affidavits and power of attorney. These conversations often begin during routine screenings when a parent's anxiety surfaces.
